Issued DoDCC RFP DoDCC-2021-R-0003 Military Memorabilia Gifts and Shoe Shine Repair and Memorabilia Kiosk dtd 05 Apr 2021.pdf

Room 5B-843, The Pentagon Phone: 703.695.2295 Washington, DC 20301 Fax: 703.693.9286

DEPARTMENT OF DEFENSE CONCESSIONS COMMITTEE

April 5, 2021

Company Name Attn:

Address City, State Zip Code

Subject: Request for Proposals (RFP) #DoDCC-2021-R-0003 –Military

Memorabilia & Gift Store, Shoe Shine & Shoe Repair and Memorabilia Kiosk, The Pentagon

Dear XXX:

The DoDCC is a non-appropriated fund instrumentality (NAFI) within the Department of Defense (DoD) with oversight responsibility for commercial sales on the Pentagon Reservation. The DoDCC provides products and services to customers within the Pentagon Reservation to include food service, retail and vending.

Retail partners of the DoDCC currently operating within the Pentagon include: CVS, AT&T, The Lynch Collection, Greensleeves Florist, The Original Velatis Caramel Company, David Mann Jewelers, New York Tailors laundry/dry cleaning, Pentagon Vision Center and more.

Food Service partners include brands such as McDonalds, Taco Bell/KFC, Panda Express, Dunkin’ Donuts/Baskin Robins, Robert Irvine’s Fresh Kitchen, Starbucks, Q’doba, Popeye’s and others.

The DoDCC is soliciting proposals to establish an agreement with one (1) firm to operate and manage three (3) concepts in designated spaces in the Pentagon – a military memorabilia and gift store (Room 2D1075); shoe shine and shoe repair (Room 2E1082) and a memorabilia kiosk (Tour Area of the Metro Entrance Facility). A copy of the solicitation is enclosed for your consideration.

Due to COVID-19, a preproposal conference will not be conducted. Please pay particular attention to Section L. of the RFP, page 53 of 56.

Scheduling of site visits will be handled by submitting requests to:

whs.DoDCCRequest@mail.mil. All site visits must be scheduled and conducted between April 12, 2021 and May 21, 2021. Any questions prospective offerors would like to have addressed must be submitted to Ms. Shelley Driver no later than close of business on May 21, 2021 via email to shelley.a.driver.naf@mail.mil.

mailto:whs.DoDCCRequest@mail.mil mailto:shelley.a.driver.naf@mail.mil

Room 5B-843, The Pentagon Phone: 703.695.2295 Washington, DC 20301 Fax: 703.693.9286

Proposals in response to this requirement must be received by 2:00 PM Eastern, Friday, June 4, 2021 at the address below:

Department of Defense Concessions Committee (DoDCC)

Attn: Ms. Gail Lee, RE: Military Memorabilia & Gift Store, Shoe Shine & Shoe Repair and Memorabilia Kiosk, The Pentagon

Room 5B843, The Pentagon Washington, DC 20301

If further information or clarification is required, please contact the undersigned at

(571) 289-9759 or by email at shelley.a.driver.naf@mail.mil.

Sincerely, Shelley A. Driver Contract Specialist

Request for Proposals/Proposal Acceptance Page 1 of 56 Issued by:

Department of Defense Concessions Committee (DoDCC) Room 5B843, The Pentagon Washington, DC 20301

Date Request Issued:

April 5, 2021

Request for Proposal Number:

DoDCC-2021-R-0003

REQUEST FOR PROPOSALS

A signed, completed proposal, consisting of two original copies and 0 copy(ies), for furnishing the items and/or services described in the Schedule, will be received at, or delivered to the above office until 2:00 PM Eastern on June 4, 2021.

For Information Call:

Name of Person to Call:

Phone Number:

SCHEDULE

Item No. Supplies / Services Amount

Military Memorabilia & Gift Store, Shoe Shine & Shoe Repair and Memora-bilia Kiosk, The Pentagon

PROPOSAL

In compliance with the above, the undersigned offers and agrees, if this proposal is accepted within 60 calendar days, unless a different period is specified by the offeror, from the date for receipt of proposals specified above, to furnish any or all of the items and/or services upon which prices are offered, at the price set opposite each line item, delivered to and/or performed at the designated point(s), within the time specified in the Schedule.

Offeror Name and Address (Including Zip Code):

Check if remittance is different from above. Enter such address in the Schedule

Discount for Prompt Payment Not Applicable

_____ % 10 Calendar days _____ % 20 Calendar days _____ % 30 Calendar days

Phone Number

Print / Type Name of Person Authorized to Sign Proposal:

Signature: Date:

ACCEPTANCE (For DODCC Use Only) Accepted as to Items Numbered:

Amount:

Contract Number:

Submit to:

Department of Defense Concessions Committee (DoDCC) Attn: Financial Manager Room 5B843, The Pentagon Washington, DC 20301

Payment will be Made To:

Department of Defense Concessions Committee (DoDCC) Attn: Financial Manager Room 5B843, The Pentagon Washington, DC 20301

Acceptance: Your proposal on Request for Proposals number DODCC-2021-R-0003 including the additions or changes made by you, which additions or changes are set forth in full above and on any continuation sheets. This acceptance consummates the contract, which consists of the Request for Proposals and acceptance of your proposal. No further contract document is necessary.

Name of Contracting Officer:

GAIL M. LEE

Signature of Contracting Officer Date:

NO OFFER SUBMITTED FOR REASONS CHECKED

CANNOT COMPLY WITH SPECIFICATIONS

UNABLE TO IDENTIFY THE ITEM(S)

OTHER (Specify)

CANNOT MEET DELIVERY REQUIREMENT

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEM(S)

INVOLVED

WE DO DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF

ITEMS INVOLVED.

NAME AND ADDRESS OF FIRM (Including Zip Code)

SIGNATURE:

TYPE OR PRINT NAME AND TITLE OF SIGNER:

FOLD FOLD

FOLD FOLD

FROM:

AFFIX

STAMP

HERE

To: Department of Defense Concessions Committee

Attn: Gail Lee, Military Memorabilia & Gift Store, Shoe Shine & Shoe Repair, and Memorabilia Kiosk, The Pentagon

Room 5B843, The Pentagon Washington, DC 20301

REF NO: DODCC-2021-R-0003 Military Memorabilia & Gift Store, Shoe Shine & Shoe Repair, and Memo-rabilia Kiosk, The Pentagon CLOSING: 2:00 PM Eastern, June 4, 2021

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2021-R-0003 3 of 56 Name of Offeror or Licensee License Agreement Title Military Memorabilia & Gift Store, Shoe Shine & Shoe Repair & Memorabilia Kiosk, The Pentagon

A. Solicitation

1. Requirement

a. It is the intention of the Department of Defense Concessions Committee (DoDCC) to award a

License Agreement to one (1) firm to manage and operate a total of three (3) separate concepts – a military memorabilia & gift store (Room 2D1075); a shoe shine and shoe repair (Room 2E1082); and a memorabilia kiosk (Tour Area Metro Entrance Facility) in the Pentagon. The successful offeror shall operate and manage all three (3) concepts and provide all necessary fixtures, equipment, etc., to operate them described and as further defined in Section C. herein.

The finishes within the spaces may be changed by the successful offeror at its sole expense, considering strict time/process parameters; and the changes must be finish only and not structural in nature. The specific finishes are to be procured, installed and maintained by the successful offeror and must meet any design/décor brand requirements subject to the approval of the DoDCC Contracting Officer. Additionally, the successful offeror shall provide any and all other supplies and equipment needed to operate and maintain the three (3) separate operations, including, but not limited to, items such as merchandise, shelving, kiosk, POS equipment, etc.

(See paragraph C.4. for a more complete list.)

b. The spaces for the three concepts identified above in which the successful offeror shall operate are identified in Attachment 1 (provided upon request through a secure Dropbox link). Such requests should be submitted to Ms. Shelley Driver at shelley.a.driver.naf@mail.mil. The spaces are as follows: military memorabilia & gift store is approximately 2,905 sq. feet and is identified as Room 2D1075; shoe shine and shoe repair is approximately 214 sq. feet and is identified as Room 2E1082; and the memorabilia kiosk is approximately 187 sq. feet and is identified as Tour Area Metro Entrance Facility in the CAD and .PDF drawings provided as Attachment 1. The space allocations are subject to change at the discretion of Pentagon Building Authorities in charge of space allocation and/or the DoDCC.

c. Interested offerors submitting plans as part of proposals in response to this RFP must comply with the drawing standards for Architectural and Engineering (A&E) plans when developing drawings for Pentagon projects. The details of this requirement are provided in Section F.5.

herein.

d. The allocated spaces for the three (3) concepts may be configured by the successful offeror to maximize sales performance. The successful offeror will be expected to use store fixtures consistent with the merchandise or services to be offered. The anticipated opening date for all three (3) of the concepts is April 2022, or sooner. The current concessionaire’s License Agreement for the three (3) concepts expires on January 31, 2022.

e. The military memorabilia & gifts retail store and the shoe shine & shoe repair operation are located in the Pentagon’s retail and services shopping area known as the Concourse. The Concourse is comprised of approximately 75,000 square feet and houses the DoDCC’s retail and service concession providers as well as five short term rover concession spaces that rotate on a weekly and bi-weekly basis that offer merchandise that compliments and does not compete with the long term retail concessionaires. Additionally, the Concourse houses many other services such as the U.S. Post Office, Hall of Heroes, banking facilities, and more. The Concourse is the

SS/687 (10/77) | Ref. No of Document being cont'd | Page CONTINUATION SHEET DoDCC-2021-R-0003 4 of 56 crossroads of daily Pentagon activity, located at the main entrance to the building. The memorabilia kiosk is located in the Tour Area Metro Entrance Facility. This entrance is used by employees and visitors embarking the Pentagon Reservation by bus, train, personal transportation, shuttle service and those arriving/departing by taxi. Approximately 60% of those entering the Pentagon enter through the Metro entrance on any given business day. As these concepts will occupy such prominent locations and recognizing the amount of square footage allocated to each of them, the interior designs and décor proposed for the spaces will be important, both for the shopping experience and building aesthetics.

f. The Pentagon Concourse and the Tour Area Metro Entrance Facility are not open to the general public. Access is granted only to those persons already authorized access to the Pentagon. All those either working in or visiting the Pentagon have authorization to shop without limitation in any of the retail stores. The only exception is for those attending official Pentagon tours. The retail stores are not covered by the official tours, and no time is given to those on the tours to walk around and visit the shops or food concessions.

g. The allocated spaces, Room 2D1075 (military memorabilia & gifts); Room 2E1082 (shoe repair & shoe shine); and Tour Area Metro Entrance Facility (memorabilia kiosk), will be configured by the successful offeror to maximize sales performance while maintaining aesthetically pleasing stores/spaces. Careful selection and planning of design elements such as architectural features, lighting, fixtures, displays, focal points, etc., will all contribute to this end. The successful offeror will use store fixtures consistent with the merchandise or services to be offered and provide appropriate displays to advertise the three (3) retail concepts being offered.

h. The spaces are currently operated by Fort America, Inc. The successful offeror will assume the spaces at the end of the current License Agreement, January 31, 2022, and after the current operator has had time to remove its equipment and return the spaces to the DoDCC. The DoDCC anticipates turning the spaces over to the successful offeror awarded the follow-on agreement as a result of this solicitation on or about February 21, 2022. The exact date will be coordinated with the successful offeror after License Agreement award. Estimated sales for the current concessionaire’s operation of the three (3) concepts from 2016 – 2020 range from $1.6M to $3.0M. However, COVID-19, occurring in 2020, has affected sales for the current concessionaire as well as all other DoDCC operated retail concessions. The DoDCC makes no warranty, express or implied, of actual sales to be realized from this License Agreement. Sales history for total Pentagon retail and food operations from 2016 – 2020 is provided in Attachment 2 and is an estimate only. Please note that 2020 sales have been affected by COVID-19. It is the responsibility of offerors to determine the projected estimated sales for the three (3) concepts.

i. The Pentagon presently houses approximately 26,000 military and civilian employees and about 3,000 non-defense support personnel. The Pentagon’s building population has been greatly affected by COVID-19 and continues to fluctuate subject to individual office work policies, CDC guidelines, Pentagon health and welfare guidelines and resumption of operations in accordance with DoD and Commonwealth of Virginia mandates. The successful offeror must take into consideration Pentagon building population fluctuations as a result of COVID-19 and any future pandemics. The Pentagon population pre-Covid-19 has not yet returned; and the

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DoDCC has no information as to when the population may resume to pre-COVID-19 levels.

Pentagon population levels may be affected at various times during the term of this License Agreement as the result of future pandemics, etc.

j. Attachment 3 provides overviews of the Pentagon Concourse with the spaces available for the retail military memorabilia & gifts store and shoe shine & shoe repair spaces highlighted.

Attachment 3 also includes the memorabilia kiosk space located in the Tour Area Metro Entrance Facility highlighted.

k. Attachment 4 provides the retail and food service directory for the DoDCC retail, food and personalized services concessionaires currently operating in the Pentagon.

2. General Information

a. The Department of Defense Concessions Committee (DoDCC) is a nonappropriated fund activity within the Department of Defense (DoD) that provides products and services to customers within the Pentagon Reservation which includes the Pentagon and the Mark Center and other office buildings within the National Capital Region (NCR) as directed.

b. Hours of Operation: The Licensee shall operate the three (3) concepts between the core hours of 8:00 a.m. and 5:00 p.m., Mondays through Fridays, with the exception of Federal Holidays.

Please note that the core hours are subject to change due to circumstances like COVID-19, any future pandemics and at the direction of the CDC, Pentagon Sanitarian, DoD and Commonwealth of Virginia guidelines. Licensee may, at times, have to close, based on Pentagon Health Protection (HP) levels and/or Commonwealth of Virginia phased re-opening plans, which may be subject to change. The Federal Holidays are stated below:

i. The Pentagon workforce/building is closed for all Federal Holidays which include New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day. Additionally, the Pentagon workforce/building is closed when the President of the United States issues Executive Orders granting paid leave for additional days (e.g., the Friday after Thanksgiving Day, the day before Christmas Day, etc.).

ii. Closures/delays in opening or closing the concepts due to inclement weather will be in accordance with the Office of Personnel Management (OPM) guidance issued for the Washington, DC area. It is the Licensee’s responsibility to monitor and comply with OPM guidance. Information regarding the current status for federal agencies can be found at: https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/.

3. Definitions

a. The term “DoDCC or Committee” means the nonappropriated fund activity established under the

Department of Defense Directive 5120.18 and the Committee’s Contracting Officer, Director, Business Enterprise Group, or other persons directed or authorized by the Committee to function on its behalf and to carry out its policies and directives.

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/ https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/

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b. The DoDCC is a non-appropriated fund instrumentality under the jurisdiction of the Department of the Defense and serves as Business Manager for all retail and food services within the Pentagon Reservation (Pentagon and Mark Center), as described above. For purposes of this Agreement, "DoDCC”, “Pentagon Reservation”, “Pentagon”, “Mark Center” and “Committee” are used interchangeably.

c. “Contracting Officer” means the person executing or administering this License Agreement on behalf of the nonappropriated fund which is a party hereto, or his/her successor or successors.

d. Government means the United States of America, and any entity thereof, including the Department of Defense, the DoDCC, Department of the Navy, Department of the Army, Department of the Air Force, U. S. Coast Guard, U. S. Marine Corps, and any other Government entity, whether military or civilian.

e. Contractor or Licensee means the individual, partnership, corporation, or other entity, which is awarded this License Agreement to operate retail concessions hereunder.

f. License. By the DoDCC’s acceptance of an offer made hereunder, the DoDCC grants a nonexclusive, revocable license (“the Agreement”) for a multi-concept concession with three (3) separate concession concepts – a military memorabilia store; a shoe shine & shoe repair; and a memorabilia kiosk - as described herein, and in consideration of payment by the Licensee of the commissions and any other payments specified in this Agreement. The Licensee, by virtue of this Agreement, shall not be deemed to have become an agency, independent establishment, or governmental corporation under the authority of the DoDCC, nor shall its employees be deemed to have become agents, employees, or officials of the DoDCC. The Licensee shall be deemed merely to be licensed to enter and use Government property, such premises as delineated hereunder, solely for the purpose of exercising the rights and privileges granted by this Agreement. Nothing in this Agreement creates a tenancy, leasehold, or other interest on the part of the Licensee in the premises or real estate covered herein. Upon revocation of this License Agreement, the Government shall have the right to remove and exclude the Licensee and any of its employees without being deemed guilty of any unlawful entry, trespass or injury of any sort whatsoever.

g. Net Sales are defined to be gross sales (including Internet sales) minus returns (only for sales originally made in the three (3) Pentagon locations), employee discounts, coupons, over rings and all applicable taxes.

h. The term “Pentagon Reservation” means that area of land (consisting of approximately 280 acres) and improvements thereon located in Arlington, Virginia, on which the Pentagon Office Building, the Pentagon heating and sewage treatment plants and other related facilities are located, including various areas designated for the parking of vehicles, 10 U.S.C. §2674(f)(1) and including the Mark Center located at 4800 Mark Center Drive, Alexandria, Virginia.

i. Improvements are defined as buildings, structures, fixtures, equipment and other improvements affixed to or resting upon Government property assigned for use for the purposes herein.

j. The term “concession income” is also referred to as “commission payment” and/or “sales commission” and is defined as the DoDCC’s agreed upon percentage of sales payable by the Licensee to the DoDCC. (See paragraph B.2.)

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4. Period of Performance The initial period of performance for the three (3) concepts (all to operate concurrently) shall expire five (5) years after the Licensee first opens for business.

5. Renewals/Options The period of performance for the three (3) concepts (all operating concurrently) may be renewed for two additional periods of five (5) years each. Renewals will be made in writing, by mutual agreement of the parties hereto, and subject to the written approval of the Contracting Officer. Should either party not intend to renew the License Agreement at expiration, such party is obligated to provide at least one-hundred eighty (180) calendar days written notice to the other party of its intentions. If such notice is provided with less than one-hundred eighty (180) calendar days left in the License Agreement period of performance, this late notice will act to automatically extend the period of performance to equal a period of one-hundred eighty (180) calendar days from the date of notification.

6. Post Award Site Visits/Inspections

Licensee shall coordinate all site visits of the space (prior to DoDCC turnover to the Licensee and Licensee receipt of Pentagon badges) via email by submitting requests through the email:

whs.DoDCCRequest@mail.mil, with an email copy to Wendy Adams, at wendy.e.adams.naf@mail.mil and Sakethia Dunmore, at sakethia.r.dunmore.naf@mail.mil.

Should you have any issues with this process, please contact the DoDCC Administrative Assistants, Ms. Wendy Adams or Ms. Sakethia Dunmore at (703) 695-2295.

7. Persons Authorized to Conduct Negotiations/Signatories Offerors are requested to list below the names, telephone and facsimile numbers, and email addresses of persons authorized to conduct negotiations/sign contractual documents on their behalf:

Name

Title

Telephone Number

Fax Number

E-Mail Address file:///C:%5CUsers%5Cdrivers%5CAppData%5CLocal%5CMicrosoft%5CWindows%5CINetCache%5CContent.Outlook%5CLibrary%5CContainers%5Ccom.apple.mail%5CData%5CLibrary%5CMail%20Downloads%5CLibrary%5CContainers%5Cdrivers%5CAppData%5CLocal%5CMicrosoft%5CWindows%5CTemporary%20Internet%20Files%5CContent.Outlook%5CAppData%5CLocal%5CMicrosoft%5CWindows%5CTemporary%20Internet%20Files%5CContent.Outlook%5CM1ERTA93%5Cwhs.DoDCCRequest@mail.mil mailto:wendy.e.adams.naf@mail.mil file:///C:%5CUsers%5Cdrivers%5CAppData%5CLocal%5CMicrosoft%5CWindows%5CINetCache%5CContent.Outlook%5CLibrary%5CContainers%5Ccom.apple.mail%5CData%5CLibrary%5CMail%20Downloads%5CLibrary%5CContainers%5Cdrivers%5CAppData%5CLocal%5CMicrosoft%5CWindows%5CTemporary%20Internet%20Files%5CContent.Outlook%5CAppData%5CLocal%5CMicrosoft%5CWindows%5CTemporary%20Internet%20Files%5CContent.Outlook%5CM1ERTA93%5Csakethia.r.dunmore.naf@mail.mil

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B. Supplies, Services, Prices, Commissions and Costs

1. General The Licensee and any subcontractors it uses for this effort shall provide all supplies and perform all services necessary, using its own employees, to perform the work as described herein and shall operate the three (3) retail concepts described, in accordance with its company standards and the specifications of this License Agreement. These standards shall include design, decor, equipment, service techniques and operating procedures that are essential to the success of the operations.

2. Financial Proposal / Licensee Fee The Licensee shall not be required to pay rent for spaces used. However, in lieu of rent, the firm selected to operate this License Agreement shall be expected to remit each month to the DoDCC a percentage of sales in the form of a commission payment. Commissions are due on all sales transactions. Commission payment proposals are invited on the basis of a fixed percentage of sales (e.g., flat rate, sliding scale, etc.) from those sales defined in Section A.3.g.

above for all three (3) concepts. Commission offers should be sufficiently detailed, as necessary, to prevent ambiguity or misinterpretation. The Licensee shall pay such commissions monthly, by the 10th day of each month, for sales during the preceding calendar month. Late payments are subject to additional assessment of fees. The commission period shall run on the DoDCC’s fiscal year, October 1st through September 30th of the following year.

Concession income fees (commissions) vary based on items sold and/or the services rendered by the concessionaires.

Upon award of this License Agreement, no later than thirty (30) calendar days after License Agree-ment award and before performance begins, the Licensee shall furnish to the Contracting Officer via Electronic Wire Transfer (EFT), the amount of $10,000. The DoDCC shall establish a Certificate of Deposit at Navy Federal Credit Union (NFCU) as adequate surety acceptable to the DoDCC and Con-tracting Officer to assure the performance of the terms of this License Agreement. The specific de-tails will be provided to the successful offeror at the time of License Agreement award. The $10,000 surety payment, inclusive of any accrued interest, shall be returned to the Licensee within thirty (30) calendar days of the end of the initial five-year (5-year) period of performance. However, should the Licensee’s period of performance culminate at the end of the initial five-year (5-year) period of per-formance, the $10,000 surety payment, inclusive of accrued interest, shall be returned within thirty

(30) calendar days after receipt of the final commission report. At its sole and exclusive option, the DoDCC reserves the right to retain the $10,000 surety payment, inclusive of any accrued interest, as adequate surety acceptable to the DoDCC and Contracting Officer to assure the performance terms of any subsequent period of performance under this License Agreement. If so retained, the $10,000 surety payment, inclusive of any accrued interest, shall be returned to the Licensee within thirty (30) calendar days of receipt of the final commission report for the last month of performance. Addition-ally, the DoDCC reserves the right to deduct from the deposit any outstanding commission payments and any other outstanding obligations accrued in the performance of the License Agreement.

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The commission payment established in this License Agreement, and in any subsequent renewal, shall remain firm for the period of the License Agreement, or period of renewal, unless the parties hereto mutually agree to a fee adjustment in which event the adjustment shall become effective only on the effective date of a written modification to the License Agreement.

Any request by Licensee for adjustment to the commission must be made in writing to the Contracting Officer and provide sufficient factual information and data to substantiate the proposed revision, including clear and definite identification of existing cost factors which could not be identified at the time of License Agreement award or renewal. However, no adjustment of commission will be made during the last ninety (90) calendar days of any License Agreement period.

3. Taxes

a. General. The Pentagon resides in the county of Arlington in Virginia. The Licensee is liable for all taxes applicable to its property and income, and all of its transactions arising out of or in connection with the performance of this License Agreement. The Licensee will not be reimbursed by the DoDCC for any direct or indirect tax imposed on the Licensee by reason of this License Agreement or otherwise. The Pentagon has no special tax exemptions. Licensee is required to consult with the Virginia Department of Taxation for any specific questions pertaining to taxes.

b. Sales Tax. In accordance with 4 U.S.C. 105, where a state or local law imposes a sales tax on the Licensee’s sale of items or services, the sales tax will be collected from the customer and paid directly by the Licensee to the appropriate tax collection agency.

4. Utilities

a. Utilities required for operation of the three (3) retail concepts at the Pentagon will be provided to the Licensee free of charge, except local and long distance telephone service or other communication utilities. Should a policy change occur regarding the provision of utilities, the Government agrees to negotiate in good faith an appropriate change to the License Agreement to share such additional expenses.

b. After award of the License Agreement, the Licensee must order its telephone/DSL lines. The process may take up to ninety (90) days after initiation of the order with Verizon. The following instructions are provided:

-Licensee must initiate orders with Verizon. The service delivery address options are:

Pentagon : 5607 Army Pentagon, Room 1B488, Washington, DC 20310 or 1 Pentagon Building, Room 1B488, Arlington, VA 22202;

-Once the orders are complete, the Licensee shall provide the order number, delivery date, cable/pair connection at the point of presence (POP) and desired placement of wall jacks within the stores to Patrick Tate (DoDCC) at patrick.j.tate2.naf@mail.mil;

-Once lines are installed by Verizon, the DoDCC will request the cost estimate from ITA to have the line extended to the space;

mailto:patrick.j.tate2.naf@mail.mil

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-The ITA cost estimate will be provided to the Licensee for approval and upon approval, Licensee must provide funding to the DoDCC before the work can begin; and -Funding may be remitted to the DoDCC either via EFT or check made payable to the DoDCC.

c. Customized cable TV is available for an annual fee of $200.00 (based on FY20), per television, which is paid once a year to the U.S. Army Information Technology Agency. The cable service is customized to the Pentagon.

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C. Description, Specification, Work Statements

1. General Except as otherwise provided in this License Agreement, the Licensee is responsible for all costs associated with performance of this License Agreement. The Licensee shall perform all sales, services and other necessary functions, in a good workmanlike manner, with its own properly trained personnel, equipment and supplies.

2. Scope of Work

Licensee shall maintain, manage and operate three (3) separate concepts in the Pentagon – a military memorabilia & gifts store in Room 2D1075; a memorabilia kiosk in the Tour Area of the Metro Entrance Facility; and an on-site shoe shine & shoe repair store in Room 2E1082.

Licensee shall offer in the military memorabilia & gifts store in Room 2D1075 retail items and services including but not limited to: Department of Defense (DoD), military branches and Washington, DC souvenirs; commemorative items; trademarked/licensed items for the Department of Defense (DoD), military branches, commands, Pentagon, etc.; clothing/hats;

military branches and command challenge coins and pins; frames; photos, custom framing;

shadow boxes; flag cases; pictures; posters, paperweights; mugs; keychains; post cards;

statues/figurines, etc. Licensee shall create, produce and sell some of the licensed/trademarked items. Licensee or its supplier(s) must have licenses and trademarks and authorization to produce and sell licensed and trademarked items in place prior to License Agreement award and for the entire period of performance of the License Agreement.

License shall provide the memorabilia kiosk to be located in the Tour Area of the Metro Entrance Facility. Licensee shall be responsible for securing the kiosk during the hours when it is not in operation and shall purchase and secure the kiosk with thick custom-made cloths. The memorabilia kiosk shall sell a limited selection of memorabilia and gift items that will be sold in the retail store operated in Room 2D1075, and pricing shall remain the same for all items sold for both locations.

Licensee shall offer in-house shoe shine and shoe repair services in Room 2E1082. In addition, Licensee shall offer customers typical shoe retail products including but not limited to: shoe trees; shoelaces, shoe polish, etc.

Licensee shall not be permitted to offer engraving services. Licensee will be required to enter into an agreement with the jewelry store, David Mann Jewelers, for items purchased in the Licensee’s locations to be engraved by David Mann Jewelers. The agreement shall be reviewed and approved by the Contracting Officer.

For Room 2E1082, shoe shine & shoe repair, Licensee shall have the floors within the retail space professionally cleaned and maintained on a quarterly basis. Licensee shall also ensure

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At times including but not limited to COVID-19, pandemics, etc., Licensee shall accommodate scheduling of clients by “appointment only” for shoe shine & shoe repair, require customers to swipe their own credit cards and/or Licensee staff disinfecting customers’ credit cards after each transaction and be required to have customers sign-in for contact tracing ability, etc.

The core hours of operation and by appointment only requirements for shoe shine & shoe repair are subject to change due to circumstances like COVID-19, any future pandemics and at the direction of the CDC, Pentagon Sanitarian, DoD and Commonwealth of Virginia guidelines.

Licensee may, at times, have to close, based on Pentagon Health Protection (HP) levels and/or Commonwealth of Virginia phased re-opening plans, which may be subject to change.

Licensee shall, as required and as applicable, provide Personal Protective Equipment (PPE) items for its managers, employees and customers at its sole expense including but not limited to: face coverings; disposable gloves (gloves changed between customers), etc.

Licensee shall be required to perform sanitizing of all equipment and surfaces (as applicable) in accordance with all applicable Pentagon, state and Federal regulations.

Licensee shall follow all additional sanitation requirements (directional signage to promote social distancing; encouraging and setting up of the three (3) locations for customer contact areas for social distancing; line spacing; directional signage to avoid customer contact with one another; turning of key pads around so customers are the only ones touching for payment, etc.)

as mandated by the CDC, DoD, Pentagon, Commonwealth of Virginia laws and federal laws.

All costs to comply and operate with the additional requirements shall be borne by the Licensee.

Licensee shall comply with any and all requirements directed by the Pentagon (sanitarian, PFPA, etc.), DoD, CDC, etc. for COVID-19 and for any types of future pandemics regarding reporting, face coverings/masks, temperature checks of employees, checklists/protocols for managers and employees, etc., at Licensee’s sole expense.

Licensee shall report any and all illnesses/testing positive for viruses such as COVID-19 of its management and employees following the protocol established by the Pentagon Force Protection Agency (PFPA) through the use of DD Form 312 and submitting the form directly to PFPA at: www.pfpa.oem.covid19@mil.mil, or through any email address PFPA creates for future pandemics, with a copy to the DoDCC. Specific information will be forwarded to the Licensee as soon as the DoDCC is provided it.

Prices in the Pentagon retail stores (military memorabilia & gift store, Room 2D1075; shoe shine & shoe repair, Room 2D1082 and the memorabilia kiosk in the Tour Area of the Metro Entrance) must be equal to pricing found at either Licensee’s locations on military or http://www.pfpa.oem.covid19@mil.mil

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Government installations or its commercial locations within a ten (10) mile radius of the Pentagon, or at similar providers’ locations within a one (1) mile radius of the Pentagon.

The Licensee will not be authorized to sell under the terms of this License Agreement any items currently provided by existing DoDCC concessionaires in the Pentagon including merchandise typically found in a florist store; merchandise typically found in a drug store with a full-service pharmacy; jewelry, including watches/timepieces; electronics & gifts; men’s and women’s clothing; prescription eyewear; and gourmet or handmade chocolates and bulk candy.

This list is subject to change at the DoDCC’s discretion, dependent upon future License Agreement awards for other retail merchandise, concessions and services.

3. Facility

a. The Pentagon has funded and constructed the spaces described herein with finishes as described at Attachment (1). The Licensee shall generally not be permitted to implement facility im-provements without prior approval of the Contracting Officer. Any facility improvements, in-cluding finishes, are the responsibility of the Licensee. Any changes, upgrades or alterations to finishes contemplated by the Licensee during the course of the License Agreement, must be ap-proved by the Contracting Officer.

b. Construction is defined as any changes to the spaces or installation of furniture, fixtures and equipment (FF&E) that is attached to the walls, floors, ceilings, etc. (e.g., changes to light-ing/additional lighting, etc.). Installation of retail fixtures that are not being attached to the walls, floors, ceilings, etc., and painting would not be considered construction.

c. No build out, equipment or signage is permitted outside of Room 2D1075 or Room 2E1082 in the Pentagon.

d. It is expected that the Licensee will consider “green” building materials (LEED compliant) and finishes when fitting out the space. LEED requirements are contained within the WHS Build-ing Code (Attachment 5 of the RFP).

e. Modifications to the spaces in the areas of electrical, IT, interior walls and finishes are permit-ted. No changes to the location of perimeter walls or entrances may be made.

f. Standard 120v electrical service is provided in the spaces. Modification of the electrical sys-tems will require prior approval and coordination with the Pentagon Building Management Of-fice. Electrical will remain at walls.

g. The floor underneath the spaces is concrete. No core drilling of the floors (concrete deck) will be permitted. However, changes to the flooring (e.g., replacement carpet, tile, wood laminate, etc.) may be permitted, subject to the Contracting Officer and/or PBMO approval, as applicable.

h. Changes in the ceiling height is restricted to the physical constraints above the current finished ceilings, utilities and other infrastructure located in the plenum, etc. The process and review of any ceiling height changes shall be discussed with the Licensee.

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i. Building standard aluminum roll-up gates with Lexan inserts and lock are provided for Room 2D1075 (military memorabilia & gifts) and Room 2E1082 (shoe shine & shoe repair). There is a fixed roll-down gate in the memorabilia kiosk area in the Tour Area of the Metro Entrance Facility. A portion of the Licensee’s kiosk will be required to be secured with custom-made cloths.

j. Keys. Two keys to the spaces in the Pentagon will be provided to the Licensee after License Agreement award. One key to the trash room in the Pentagon will be provided to the Licensee after License Agreement award.

k. Self Propelled Vehicles (SPVs) are available for Licensee use on the Pentagon Reservation.

The Licensee shall be subject to the rules and regulations that govern the use of SPVs, including Pentagon training/certification requirements on the proper use and maintenance of SPVs. Addi-tional details on training requirements will be provided to the Licensee after award.

l. Any proposed new light fixtures are required to be supported independently from the ceiling grid, either from the concrete deck above or some other support structure anchored by the con-crete deck above.

m. The use of security systems (e.g., perimeter, motion detectors, cameras, panic buttons, etc.) is restricted unless Licensee has proposed in its initial proposal and obtained prior acceptance of the system and approval from the Contracting Officer and Pentagon Force Protection Agency (PFPA). Note: All wireless security systems require additional review and approval. Addi-tional time for approval can range from ninety (90) to one hundred twenty (120) calendar days.

n. No photographs may be taken at the Pentagon without authorization from the Pentagon Force Protection Agency (PFPA). Photography permits can be requested through the Contracting Of-ficer via the process described in Section 10. below.

o. Miscellaneous Construction Requirements. The Licensee is required to comply with building code standards when developing submittals and performing construction/installation in building spaces within the Pentagon. The Licensee must comply with the following documents: The WHS Building Code 2020 Edition dated February 18, 2020 (identified as Attachment 5 and is available upon request); the WHS Building Code Adoption Memo, 2020 Edition (identified as Attachment 6 and is available upon request); WHS Fire Regulations Adoption Memo, 2020 Edition (identified as Attachment 7 and is available upon request); WHS Fire Regulations, 2020 Edition (identified as Attachment 8 and available upon request); and 014 FSD WHS Building Code Proposed Code Changes (Attachment 9 and available upon request).

p. Licensee’s facilities must comply with the Americans with Disabilities Act (ADA).

q. Conduct on the Pentagon Reservation is governed by 32 C.F.R. 234 as well as applicable Fed-eral, State and local laws.

r. At expiration of the initial License Agreement period and any subsequent renewal periods, de-cor upgrades to customer areas, equipment replacement or replacement of worn Licensee fur-nished items including by not limited to: retail fixtures, memorabilia kiosk, professional diag-nostic equipment, etc., may be required as a condition for the DoDCC’s agreement to renew this agreement. Discussions for any such required Licensee investments shall commence ap-

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s. Equipment, Furniture and Fixtures

(1) Any equipment, equipment modifications and finished considered necessary by the Licensee must be approved in writing by the Contracting Officer prior to installation or changes being implemented.

(2) Daily, weekly and monthly cleaning of retail spaces and customer contact areas must be accomplished as required by routine sanitation inspections, or at the request of the Pentagon as identified by the Contracting Officer.

(3) Licensee’s proposed use of IT data transmission equipment/architecture is subject to review and approval by Pentagon IT Governance. Approvals will take approximately two

(2) to four (4) weeks, and approval must be granted before Licensee will be able to install it.

(4) The building fire suppression systems in retail spaces is maintained and tested by the Pentagon, i.e. sprinkler heads, strobes, etc. Inspection and maintenance of fire extinguishers in the Licensee’s operated spaces is the Licensee’s responsibility. The Pentagon also reserves the right to conduct biannual inspections on the fire suppression systems.

t. Title to Buildings or Structural Improvements

(1) At all times relevant to this Agreement, title to all buildings and structural improvements shall vest with the Government. At no time shall Licensee have title in the real estate or enjoy any leasehold tenancy or other property interest in the real estate or the building and improvements thereon. Title to permanent or structural modifications including Heating, Ventilation and Air Conditioning (HVAC) equipment resulting from Licensee’s work, as applicable to this agreement, shall vest in the Government upon completion and acceptance by the Government.

(2) Within fifteen (15) calendar days of expiration or revocation of this Agreement, the Licensee shall promptly remove all of its removable property, including trademarked equipment, severable equipment and signs, at its own expense. Any logos authorized as a part of the retail store designs that were installed in areas such as flooring, walls, etc., may have to be removed by Licensee, subject to the determination of the DoDCC Contracting Officer. Removable or severable equipment is defined as that which can be removed without causing material damage to the spaces or facilities. The Licensee shall exercise due care in removing its property to prevent damage to Government property. Government property damaged by the Licensee during such removal shall be repaired or replaced at Licensee expense. If the Licensee fails to remove its property and equipment within fifteen

(15) calendar days, the DoDCC may use or dispose of such property and equipment, including removal and storage of said property, and charge the Licensee for any expenses incurred for removal and storage. Upon removal of Licensee’s property, any alterations

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u. Maintenance. Except as may be otherwise stated in this Agreement, the Licensee is responsible for maintaining the premises, including all furnished equipment, furniture, and fixtures, at its own expense. The Licensee shall maintain the premises in good condition and undertake reasonable actions as necessary to maintain an acceptable image. The Licensee assumes the full risk and responsibility for any loss, destruction or damage occurring to Government property and to any of the Licensee's property which is caused by the negligence of the Licensee or its employees.

v. Unless otherwise specifically provided herein, the Licensee shall comply with applicable Federal and local codes and regulations which pertain to the three (3) operations described herein, in the areas of life safety, fire safety, health and security. In the event structural modifications to assigned spaces are deemed necessary for such compliance, through no fault of the Licensee, the Pentagon shall bear any associated expenses.

4. Equipment / Other items

a. The Licensee shall be required to furnish all items necessary to provide the services hereunder.

These required items include, but are not necessarily limited to:

Cabinets Countertops Décor* Shelves Point of Sale systems / equipment Phone System Computer / Ordering systems / equipment Cleaning Equipment Carpet Cleaning Equipment** Cleaning Supplies Display Cases Kiosk Retail Fixtures Personal Protective Equip. (PPE) Shoe Shine Seating

* No open flames are allowed in the Pentagon ** Commercial grade cleaning equipment required

b. Government Furnished Equipment (GFE):

(1) For purposes of the three (3) retail stores described herein, there will be no Government-furnished equipment, furniture and fixtures (GFE) in the facilities.

c. Cleaning Responsibilities:

(1) The Licensee shall be responsible for cleaning and maintaining the retail spaces and kiosk area. The Licensee shall implement procedures to ensure the facilities are routinely cleaned throughout the operating day and complete cleanings are done before the facilities are secured each day. For the Pentagon, a trash compactor room will be located on the Concourse. There is no charge to the Licensee for this service. In addition, the Licensee is responsible for transporting trash (e.g., packaging, cardboard, etc.) to the Remote Delivery

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Facility (RDF). Trash removal service may be accomplished directly or the Licensee may contract with a firm that performs this service for other Pentagon concession providers.

All construction debris is required to be disposed of at the RDF by the Licensee’s General Contractor and any subcontractors. Portable dumpsters are required to be provided by the Licensee’s General Contractor for this purpose.

(2) The facilities and immediate premises will be inspected regularly by the Contracting Officer, and the Licensee will be advised of the results of such inspections. The Licensee shall take timely and appropriate action to resolve any noted deficiencies or problems.

(3) The facilities and immediate premises may be inspected by the Pentagon sanitarian on a regular basis in accordance with the Tri-Service Food Code, NAVMED P-5010- for the Pentagon. The Licensee will be advised of the results of such inspections and shall be required to resolve any noted deficiencies or problems within the timeframe identified in each Sanitation Report. Licensee’s failure to respond as required may be grounds for contract termination for default.

5. Customer Service

a. Operating Hours

(1) As stated in Section A.2.b. herein, initial operating hours for the three (3) retail operations shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of Federal Holidays, and as applicable for shoe shine & shoe repair, by appointment only which may be outside of the core hours.